CCD16 v Minister for Immigration and Border Protection [2018] FCA 343

CCD16 v Minister for Immigration and Border Protection [2018] FCA 343

There is no substantive merit in the new grounds of appeal sought to be raised; since the appellant abandoned the original grounds, and the proposed new grounds fail for lack of merit and procedural reasons, the appeal is dismissed with costs.

Jurisdiction
Australia
Judgment Date
26 February 2018
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'protection Visa' 'complementary Protection' 'refugee Status' 'appellate Procedure']
['administrative Law' 'migration Law' 'constitutional Law' 'human Rights Law'] ['judicial Review' 'protection Visa' 'complementary Protection' 'refugee Status' 'appellate Procedure']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority failed to deal properly with a claim of risk of extortion for complementary protection purposes under s 36(2)(aa) Migration Act 1958 (Cth)' 'Whether new personal information could be considered by the Authority under s 473DD(b)(ii) Migration Act 1958 (Cth)' 'Whether the Authority erred in its findings relating to the credibility and extortion attempt by the TMVP']

Ratio Decidendi

There is no substantive merit in the new grounds of appeal sought to be raised; since the appellant abandoned the original grounds, and the proposed new grounds fail for lack of merit and procedural reasons, the appeal is dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed' "The appellant pay the first respondent's costs"]